European Security and Defence Policy: NATO Access

Lord Shore of Stepney: asked Her Majesty's Government:
	To which assets and capabilities belonging to NATO the European Union is seeking guaranteed access, as stated in Section (2) of the appendix to Annex 7 of the Presidency Report to the Nice Council on the European Security and Defence Policy.

Baroness Ramsay of Cartvale: The European Union seeks guaranteed access to NATO's planning capabilities, so that NATO planners can contribute to the EU's examination of strategic military options and so that NATO can provide operational planning for an EU-led operation using NATO assets and capabilities. This is set out in Section (1) of the appendix to Annex VII. The EU is not seeking guaranteed access to any other NATO assets and capabilities. NATO intends to put in place arrangements to provide for the presumption of availability of other NATO capabilities and common assets. This means NATO will in principle be ready to provide such support, but will decide case-by-case on the release of assets for an EU-led operation.

NATO Security Threat Review: US Participation

Lord Judd: asked Her Majesty's Government:
	What steps they are taking to ensure that the new United States administration is invited to participate in a review by NATO of the security threats faced by its member countries and of what would be the appropriate prioritised response to such threats.

Baroness Ramsay of Cartvale: As a NATO member, the US routinely participates in all alliance discussions on security threats faced by its member countries and in formulating responses to those threats.

NATO Analysis of Missile Proliferation

Lord Judd: asked Her Majesty's Government:
	What arrangements, if any, have been agreed with the new United States administration on an analysis to be undertaken by NATO per se on the extent of missile proliferation and on the policies which should be pursued by NATO in response.

Baroness Ramsay of Cartvale: NATO continues to analyse the threat posed by missile proliferation and to develop responses to this threat as an ongoing requirement within the alliance.

Arms Control: Discussions with US

Lord Judd: asked Her Majesty's Government:
	What discussions they have had with the new United States administration on priorities for arms control and disarmament as part of a common approach to global security; and what has so far been the outcome of such discussions.

Baroness Ramsay of Cartvale: The Prime Minister and President Bush agreed that we should work to obstruct and deter new threats resulting from the proliferation of weapons of mass destruction and their means of delivery. A key element of this strategy would be to continue nuclear arms reductions where possible and strengthened WMD and missile proliferation controls and counter-proliferation measures. The Foreign Secretary and Secretary of State Colin Powell agreed last month to establish a counter-proliferation task force to take forward the proliferation aspects of this work.

Steven Bryant

Earl Attlee: asked Her Majesty's Government:
	Whether they will make representations to the authorities in Morocco for the release of Mr Steven Bryant in view of the fact that it is likely that he has spent more time in a Moroccan gaol for drug offences than would be expected if he had been dealt with by the British authorities and judicial system for similar offences.

Baroness Ramsay of Cartvale: Mr Bryant has been tried, convicted and sentenced in accordance with Moroccan law. We have to respect the laws and sentences of other Sovereign States. We have no basis in international law to make representations on Mr Bryant's behalf because the sentence he received under Moroccan law exceeds the sentence he may have received if he had been tried under British Law.

Steven Bryant

Earl Attlee: asked Her Majesty's Government:
	Whether they have received any indications of when Mr Steven Bryant will be released from a Moroccan gaol.

Baroness Ramsay of Cartvale: Mr Bryant is due for release on 3 March 2003. Before his release he must pay court fines of DH300,00.00 (about £19,354). If he cannot pay the fines he will have to serve additional time in prison. The amount of extra time would be for the court to decide.

Steven Bryant

Earl Attlee: asked Her Majesty's Government:
	Whether there is any prospect of Mr Steven Bryant serving a proportion of his Moroccan prison sentence in a United Kingdom gaol.

Baroness Ramsay of Cartvale: The UK and Moroccan Governments hope to be able to sign and ratify a bilateral prison transfer agreement soon. Once this has been done, Mr Bryant will be able to apply to serve the remainder of his sentence in the UK.

Zimbabwe: Commonwealth Team

Lord Blaker: asked Her Majesty's Government:
	Further to the Written Answer by the Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, on 28 February (WA 133), what is the purpose of the Commonwealth team which is being sent to Zimbabwe to report back to the meeting of the Commonwealth Ministerial Action Group on 19 and 20 March; and what are its terms of reference.

Baroness Ramsay of Cartvale: The Commonwealth Secretariat is considering the terms of reference for the team. The Foreign Secretary has urged the Commonwealth Secretary General to broaden the team's mandate from land reform to include wider areas of international concern.

Police Sickness Management Policies

Lord Bradshaw: asked Her Majesty's Government:
	Whether, in view of the implications for sickness management policies, an appeal is to be lodged against the decision of the Court of Appeal in the case of R v Sussex Police Authority ex parte Stewart.

Lord Bassam of Brighton: I understand that, having being refused leave to appeal by the Court of Appeal, Sussex Police Authority sought leave to appeal from the House of Lords. This was refused on 2 November 2000. No further appeal in the proceedings is possible.
	As a result of the judgment in this case, it is clear that a police officer's "ordinary duties" under the Police Pensions Regulations 1987 (as amended) should be interpreted to include operational duties. It is likely that this interpretation will result in more officers being certified to be permanently disabled from performing the ordinary duties of a police officer.
	Under the Pensions Regulations it is, however, a matter for the police authority to decide whether or not an officer should be retired on health grounds. If there is, in the view of the police authority, a sufficient range of duties that an officer is capable of undertaking there is no requirement for it to set a date for retirement. The Court of Appeal made this point in its judgment.
	It would, however, be more satisfactory if the current regulations were to be amended so that it is clear in future that a police officer is not permanently disabled from police duties if able to perform a sufficient range of the duties expected of his or her rank. We therefore expect to consult the police service about the precise terms of revised regulations later in the year.

Driving a Bus while using a Mobile Phone

Lord Jacobs: asked Her Majesty's Government:
	How many bus drivers were successfully prosecuted in 2000 for a driving offence involving the use of a hand-held mobile phone.

Lord Bassam of Brighton: For England and Wales there is no separate offence of driving a vehicle using a mobile telephone and any prosecution is likely to be for driving without due care and attention, for which there were 54,789 prosecutions resulting in 45,509 convictions in 1999 (latest available figures). The employment status of a defendant is not recorded centrally.
	It is also possible for such drivers to be prosecuted or issued with a fixed penalty for not being in proper control of a vehicle (Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986), but such cases cannot be separately identified in the statistics collected centrally.
	Similarly, for Scotland the offence is not separately identifiable. There were 4,148 offences of careless driving with a charge proved in Scottish Courts in 1999.
	For Northern Ireland, prosecutions data for calendar year 1999 and 2000 are not available.

e-mail: Service Provider Checks

The Earl of Northesk: asked Her Majesty's Government:
	Whether the practice of internet service providers checking e-mail subject lines for malicious code, for example to filter out the Kournikova virus, would constitute a breach of terms of the Regulation of Investigatory Powers Act 2000.

Lord Bassam of Brighton: Section 3(3) of the Regulation of Investigatory Powers Act 2000 provides that interception of a communication is lawful if it is conducted by, or on behalf of, a person who provides a telecommunications service (which includes Internet Service Providers) and it takes place for purposes connected with the provision or operation of that service. An example of this might be to prevent interference with the operation of a system by a virus.

Special Constables

Baroness Byford: asked Her Majesty's Government:
	Whether, in view of the sharp decline in numbers of special constables over the last three years, reported in the Official Report on 6 February (H.C. Deb., cols. 504-10) they will undertake a centralised investigation of why special constables leave the service.

Lord Bassam of Brighton: Home Office funded research was completed last year into the premature wastage of special constables. We are currently exploring the findings from this research with the Police Service and Association of Police Authorities with a view to deciding how best to address the decline in the number of special constables in England and Wales.

Criminal Records Bureau Registered Bodies

Baroness Anelay of St Johns: asked Her Majesty's Government:
	Further to the Written Answer by Lord Bassam of Brighton on 5 March (WA 5), what steps they are taking to ensure that organisations which agree to act as registered bodies under the requirements of the Criminal Records Bureau will not suffer financially for undertaking this role.

Lord Bassam of Brighton: We expect that in most instances employers (including voluntary organisations) will choose to act as the registered person as part of the normal recruitment process, in which they will be assisted by the service that the Criminal Records Bureau will provide. Although we have at present no plans to reimburse costs incurred by registered bodies, including those which act as "umbrella bodies", we shall, as I said in response to the Question from the noble Lord, Lord Dholakia, on 5 March, (col. WA 5), be prepared to consider views put to us on this matter.

Proscribed Organisations Order

Lord Naseby: asked Her Majesty's Government:
	Whether the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2001 will be debated in Parliament in March 2001.

Lord Bassam of Brighton: The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2001, which is subject to the affirmative resolution procedure, was debated in the other place on 13 March. A debate has been scheduled in the Lords for 27 March.

Immigration Act Detainees

Lord Avebury: asked Her Majesty's Government:
	Whether they will give the number of people detained solely under the Immigration Act powers, broken down into those detained on arrival and those detained after entry, at the latest convenient date.

Lord Bassam of Brighton: The most recent information relates to the number of persons detained under the Immigration Act 1971 as at 31 January 2001. At that date a total of 1,334 persons were recorded as detained. The information held centrally does not differentiate between those detained on arrival and those detained subsequently. This could be determined only by reference to the individual case files.

Immigration Act Detainees

Lord Avebury: asked Her Majesty's Government:
	Under what statutory authority they have issued instructions to staff concerning the list of nationalities referred to in the Immigration Service's Operational Enforcement Manual, chapter 38, on detention and temporary release; and whether they have considered the compatibility of these instructions with Article 14 of the European Convention on Human Rights and the Race Relations (Amendment) Act 2000.

Lord Bassam of Brighton: The manual and the instructions referred to contain policy guidance to staff for which no separate statutory authority is required. We are satisfied that these comply with the Human Rights Act 1998 and, when it comes into force, the Race Relations (Amendment) Act 2000.

Zimbabwean Asylum Seekers

Lord Avebury: asked Her Majesty's Government:
	How many Zimbabwean citizens applied for asylum in the United Kingdom in November and December 2000 and in January 2001 respectively; of these how many were detained in Oakington, and how many were transferred to prisons or detention centres at the end of their stay in Oakington.

Lord Bassam of Brighton: The number of applications for asylum received from Zimbabwe nationals in November 2000, December 2000 and January 2001 was 130, 145 and 125 respectively. From this total of 400 applications, there were 5,564 and 86 applicants from the respective months who had their cases considered at Oakington Reception Centre. Fifty-two applicants were subsequently transferred to prisons or detention centres on leaving Oakington.

Zimbabwean Asylum Seekers

Lord Avebury: asked Her Majesty's Government:
	Why the Home Office has not published a country assessment on Zimbabwe.

Lord Bassam of Brighton: As announced in response to a Question from the noble Lord, Lord Kirkhill, on 12 May 1998 (WA 123), the Immigration and Nationality Directorate's Country Information and Policy Unit produces assessments on the top 35 asylum producing countries in the United Kingdom. The assessments are revised and updated periodically; approximately every six months depending on the reported circumstances of the country concerned. The assessments were last revised in October 2000.
	The number of applications for asylum from Zimbabwean nationals rose during 2000 to the extent that Zimbabwe now comes within the top 35 asylum producing countries in the United Kingdom. An assessment for Zimbabwe is therefore to be prepared and will be published in April when country assessments are next due to be revised.

Immigration Service Operational Enforcement Manual

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will publish the operational enforcement manual containing instructions for members of the immigration service; and, if not, why not.

Lord Bassam of Brighton: Yes. The operational enforcement manual is presently being revised with a view to publication on the Immigration and Nationality Directorate website (www.ind.homeoffice.gov.uk) in due course. However, certain sections may not be published if we conclude that disclosure of those sections would prejudice the effective enforcement of immigration controls or other statutory provisions and where the public interest does not outweigh the harm likely to arise from disclosure.

Gaming Industry

Lord Currie of Marylebone: asked Her Majesty's Government:
	What plans they have to deregulate the gaming industry.

Lord Bassam of Brighton: We are today publishing a consultation document which sets out proposals for an order under the Deregulation and Contracting Out Act 1994, or, if it is enacted, the Government's Regulatory Refom Bill, to change certain aspects of the gaming machine industry. Our consultation document makes three specific proposals that would alter the law contained in the Gaming Act 1968 on jackpot and higher-value amusement with prizes machines.
	First, we propose to allow players to use bank notes and electronic smartcards in these machines. Secondly, we propose to allow winnings to be stored in these machines to be used for further plays without the player having to reinsert money into the machine. Finally, we propose to allow these machines to be set so as to pay out winnings in cash (notes or coins) by printing a cheque, by adding credit to the player's smartcard or by means of a credit note or token redeemable by the operator.
	The Government believe that these reforms will benefit both the industry and its customers. The consultation document asks for comment by 15 June 2001. Copies are being placed in the Library.

Microsoft and Temporary Employees Ruling

The Earl of Northesk: asked Her Majesty's Government:
	Whether, in the light of the ruling by United States District Judge John C Cougenhour in the so-called "permatemp" case between Microsoft and its temporary employees, United Kingdom companies are likely to face similar claims from their contractors affected by the IR35 provisions.

Lord McIntosh of Haringey: It is unlikely that similar claims will arise in this country.

Supermarkets and Suppliers

Lord Hylton: asked Her Majesty's Government:
	Whether they consider that the larger food buyers are abusing their commercial strength to the detriment of producers and consumers, notably in the cases of milk and meat; and, if so, what action they propose.

Lord McIntosh of Haringey: The Competition Commission published its report on supermarkets on 10 October. The commission found the industry to be broadly competitive and that overall excessive prices are not being charged nor excessive profits made.
	However, the commission did conclude that a substantial number of practices used by larger supermarkets in their dealings with their suppliers operated against the public interest. The commission recommended that a code of practice covering remedies for the practices concerned should be established which would put relations between supermarkets and their suppliers on a clearer and more predictable basis.
	My right honourable friend the Secretary of State asked the Director General of Fair Trading to approach supermarkets with 8 per cent or more of the relevant market to seek undertakings on a code of practice. These discussions commenced in October and the Office of Fair Trading is currently consulting with the representatives of suppliers.
	A copy of the most recent draft of the code of practice can be found in the House of Lords Library.

Supermarkets and Suppliers

Lord Vinson: asked Her Majesty's Government:
	Whether "the climate of apprehension amongst many suppliers", identified in the report of the Competition Commission on Supermarkets (Cm 4842), has been relieved by the introduction of the code of conduct proposed in the report.

Lord McIntosh of Haringey: The code of practice has not been introduced yet. The Office of Fair Trading has invited representatives of suppliers to comment on a draft of the code.

NMEC: Hinduja Foundation Contribution and VAT

Lord Milner of Leeds: asked Her Majesty's Government:
	Whether the shareholder of the New Millennium Experience Company will explain whether VAT is payable on the £1 million given to the Millennium Dome Faith zone by the Hinduja Foundation.

Lord Falconer of Thoroton: The New Millennium Experience Company (NMEC), having recently reviewed its papers on the Hinduja Foundation's contribution of £1 million to the Faith zone, has concluded that VAT is chargeable in respect of that contribution. NMEC reached this conclusion on the basis that the allocation of free tickets represented a benefit. The company has made a voluntary disclosure to HM Customs and Excise. NMEC has now brought this payment into account for VAT purposes and will make the appropriate payment when all related aspects are agreed with HM Customs and Excise. NMEC is satisfied that in respect of the earlier treatment of the Hinduja Foundation's contribution and the later allocation of tickets there was no deliberate attempt by NMEC staff to avoid VAT. There was an innocent error which, having been identified, is now being corrected.

Gulf Veterans and Cancer

The Countess of Mar: asked Her Majesty's Government:
	How many serving Gulf war veterans are diagnosed as suffering from cancer and are still retained in the services; and how many have died from cancer while in service.

Baroness Symons of Vernham Dean: The Ministry of Defence does not hold centrally information on all serving personnel who have been diagnosed with a cancer. To facilitate research into the health of Gulf veterans, the Ministry of Defence arranged for all Gulf veterans' records to be flagged on the Office for National Statistics' NHS Central Register (NHSCR) database, as well as a similar comparison group of personnel who were also in service on 1 January 1991. This should ensure that the Ministry of Defence is notified of cancer registrations and deaths together with the causes of death in England, Wales and Scotland. Similar information on cancer registrations is not available for Northern Ireland for security reasons, nor for serving personnel diagnosed overseas. Although flagging is complete for 98 per cent of all records, NHSCR cancer registration data are currently complete up to 1996. My officials will review the available data and I will write to the noble Countess setting out such information as is available, placing a copy of my letter in the Library of the House, when I am in a position to do so. Click here to view the research.
	For the period 1 April 1991 to 8 March 2001, 26 Gulf veterans who were still serving at the time of death were confirmed as having died from cancer (International Classification of Diseases, 9th Revision, Chapter II, Codes 140-239--Neoplasms). The equivalent figure for cancer deaths in the comparison group is 25. The excess in Gulf veterans is not statistically significant.

Armed Forces: Racial Equality

Lord Harrison: asked Her Majesty's Government:
	What has been the result of the 1997 initiative by the Ministry of Defence to abolish racism in the Army and to attract more men and women from the ethnic minorities; and whether their target of 5 per cent ethnic minority representation in the Armed Forces by 2002 can be achieved.

Baroness Symons of Vernham Dean: We place the highest priority on tackling racism within the Armed Forces. It is right that services should reflect more closely the ethnic balance of our society and should set a positive example to others in the promotion of racial equality. The Army's equal opportunities policy sets out to provide equal opportunities for all personnel within an environment free from all forms of discrimination, harassment and intimidation. The result of the considerable equal opportunities initiatives undertaken by the Army over the last four years has shown an increase in its ethnic minority strength from 1,066 (1.0 per cent of total strength) on 1 April 1997 to 2,057 (1.9 per cent) on 1 February 2001.
	The Armed Forces are making a particular effort to recruit men and women from the UK's ethnic minority communities. This significant, long-term investment is bearing fruit. All three services have established ethnic minority recruiting teams located in areas of high ethnic population and all undertake numerous and varied initiatives aimed at encouraging ethnic minority personnel into joining the Armed Forces. This has resulted in a slow but steady year on year increase in both the number and percentage of ethnic minority recruits since 1997-98.
	Although progress with recruitment of ethnic minority personnel is slower than we would wish, we remain fully committed to pursuing our 2002 goal of 5 per cent. The figures are moving in the right direction--a tribute to the dedication of the staff involved. The recruiting goals, and indeed their time frame, were and are deliberately aimed at stretching the Armed Forces, so that we could drive hard to reach recruiting levels that match more closely the population which the Armed Forces serve. There is nothing short term about this approach.
	As a result of both the equal opportunities initiatives and the recruiting effort, the ethnic minority proportion of the Armed Forces has risen from 1.0 per cent (2,184 personnel) on 1 April 1997 to 1.5 per cent (3,086 personnel) on 1 February 2001.

Armed Forces Pension Scheme

Lord Dubs: asked Her Majesty's Government:
	What plans they have for the Armed Forces Pension Scheme and the Joint Ministry of Defence/Department of Social Security Compensation Review.

Baroness Symons of Vernham Dean: We are pleased to announce that the emerging findings of these reviews are being published today for public consultation. We appreciate that both reviews are taking longer than originally intended, but they have raised complicated issues and we are determined that we should find the right package of benefits appropriate for our Armed Forces in modern society.
	The review teams have carried out detailed analysis of the current arrangements and the options for modernisation. They have set out options in each area, working closely with the services personnel staff. The next stage in the review process is to seek the views of individual service personnel, ex-service and widows organisations and the general public. This will include wide circulation of material describing the proposed changes, both in hard copy and on a range of web sites. We will also be going out to interested organisations to explain our proposals, answer any questions and seek views. Because of the complexity of the proposals we have allowed over four months for consultation. After this time we will publish a summary of the responses and consider how to take the package forward in the light of them.
	Copies of the consultation documents will be placed in the Libraries of both Houses and will also be available on the MoD website. The Joint Compensation Review consultation document will also be available on the DSS War Pensions Agency website.

Strategic Export Controls

Lord Hylton: asked Her Majesty's Government:
	When they expect to respond to the proposal from the Joint Report of the Commons Defence Select Committee, the Foreign Affairs Select Committee and the International Development Select Committee on strategic export controls published on 17 July 2000 (HC 467, Session 1999-2000) for scrutiny in advance of applications for arms export licences; and whether they have plans to adopt procedures similar to those in the United States and Sweden.

Lord Sainsbury of Turville: The Government's response to the Joint Report on Strategic Export Controls (HC 467, Session 1999-2000) was published in December 2000 (Cm 4872). The response outlined the Government's objections in principle and in practice to the committee's proposals for prior parliamentary scrutiny of export licence applications. However, the Government will carefully consider the revised proposals published in the Quadripartite Committee's report of 14 March 2001 (HC 212) and respond in due course.
	As regards the systems in place in Sweden and the US, I refer the noble Lord to the reply given by my honourable friend the Minister for Consumer and Corporate Affairs on 15 January (Official Report, cols 8-9W) to the Member for Cynon Valley.

Morocco: Refurbishment of Weapons Licence

Lord Avebury: asked Her Majesty's Government:
	What licences they have approved since May 1997 for refurbishment of weapons on behalf of the Moroccan Government; what these weapons were; and whether they were supplied by a United Kingdom manufacturer.

Lord Sainsbury of Turville: The entry in the Export of Goods (Control) Regulations 1994, as amended, under which the export of goods is controlled is known as their rating. The export of weapons and components of weapons is controlled under entries ML1, ML2, ML4, ML5, ML12, ML18, ML19, ML21, ML22, PL5002, PL5006, PL5017, PL5018 and PL5030. Records for cases involving the relevant ratings to Morocco have been searched. Since 2 May 1997 the Government have approved the issue of one standard individual export licence for the refurbishment of weapons to Morocco. This licence covered the export of spares and components and was issued to a UK exporter for the refurbishment of 105mm guns already in the possession of the Moroccan Government. The guns were originally supplied by the UK Government.

ITEC Stocks: 3G Sector

The Earl of Northesk: asked Her Majesty's Government:
	How they respond to the recent speech of Hans Geyer, vice-president of Intel, to the GSM World Congress suggesting that, because of the level of debt provoked by investment in the unproven technology of 3G, the telecoms industry may be "heading for bankruptcy".

Lord Sainsbury of Turville: The Government do not believe that the recent difficulties of the 3G sector can be ascribed to a single cause or that the difficulties in this sector are single-handedly responsible for the worldwide downturn in information technology and electronic communications (ITEC) stocks. The Government have every confidence that 3G will be rolled out successfully. More widely, given the central role of telecommunications in modern life, it is hard to see how the whole sector could be "heading for bankruptcy".

Broadband Services

The Earl of Northesk: asked Her Majesty's Government:
	Further to the Written Answer by Lord Sainsbury of Turville on 16 February (WA 67-68), what are the "significant errors" contained in the European Competitive Telecommunications Association (ECTA) report; and in what ways does the report fail to "give an accurate picture of the roll out of ADSL or progress with local loop unbundling".

Lord Sainsbury of Turville: The European Competitive Telecommunications (ECTA) report considers progress on local loop unbundling in the European Union. It includes a scorecard which shows figures relating to local loop unbundling and provision of ADSL as at 15 January 2001. For the UK the number of exchanges where the "incumbent" is offering DSL is given as 54 when the figure for BT should be 619, and the number of "incumbent" DSL lines is given as 15,000 whereas BT had installed 30,000 ADSL lines. At 15 January nearly 700 local exchanges were included in the bow wave process for handling orders for local loop unbundling although loops had been unbundled at only two exchanges. These errors are indicative of the inaccurate basis on which the report draws its conclusions on the progress of local loop unbundling. I am pleased to say that BT is now able to accept orders for colocation of other operators' equipment at any of its exchanges.

Electronic Communications: EU Regulatory Proposals

The Earl of Northesk: asked Her Majesty's Government:
	To what extent the European Commission will have powers over Oftel, and subsequently Ofcom, in the event that the European Commission's new framework for regulating electronic communications networks and services, as embodied in recently published directives, becomes law.

Lord Sainsbury of Turville: The proposal for a directive of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, adopted by the European Commission on 12 July 2000, contains provisions in Article 6 (consultation and transparency mechanism) that would permit the Commission to require a national regulatory authority (e.g. Oftel and, subsequently, Ofcom) to amend or withdraw a draft measure under the new framework if the Commission had serious doubts as to the compatibility of the draft measure with Community law and, in particular, Article 7 (policy objectives and regulatory objectives) of the proposed directive.
	The Government do not believe that it would be appropriate for the Commission to assume the role of arbiter of Community law in this area, nor do they believe that the Commission would be better able to judge measures proposed by national regulatory authorities without the local knowledge that those authorities possess. National and European courts would, in any event, be able to consider appeals against measures proposed by national regulatory authorities under Article 4 (right of appeal) of the proposed directive. Infraction proceedings against member states would continue to serve as the primary means for the Commission to address inadequate implementation of the new regulatory framework. The Commission's powers in this regard will be aided substantially by the establishment of clear objectives for national regulatory authorities and increased legal certainty about their tasks.
	Nevertheless, the Government support the Commission's aim of ensuring that national regulatory authorities act similarly in similar circumstances, in the interests of the single market. The Council is now considering a different requirement in Article 6 for national regulatory authorities to include the Commission among the interested parties whom they consult on proposed measures for which consultation is appropriate. The Commission would be able to delay adoption of measures that it believed incompatible with Community law and to publish critical opinions. The Government believe that this would act as a powerful incentive to national regulatory authorities to act appropriately.

Internet: EU e-commerce Proposals

The Earl of Northesk: asked Her Majesty's Government:
	Whether the forthcoming European Union green paper Rome II relating to consumer rights on the Internet is consistent with the European Union's e-commerce directive which is due to be enforced in January 2002.

Lord Sainsbury of Turville: The Government understand that the European Commission will shortly issue a Communication initiating a debate on the designation of the law applicable to non-contractual obligations (for example product liability, or defamation). This consultation is likely to address the interests not only of consumers, but also those of enterprises and others, and offline as well as online activies.
	As a result of the e-commerce directive, which must be implemented by member states by 16 January 2002, an EU provider of online services and his services will be subject only to the requirements of the law of the member state in which he is established (subject to certain exceptions including contractual obligations concerning consumer contracts). The application of the rules for the designation of applicable law may be affected by this principle in certain cases, because the directive has the effect of disapplying the legal requirements of another member state if they are less advantageous to the online service provider than those of the member state in which he is established.
	The Government look forward to the Commission's Communication and will give careful consideration to the issues it raises. The clarity, certainty and consistency of the EU's legal framework for e-commerce are important objectives of both the UK Online strategy for e-commerce and the EU's e-Europe Action Plan 2002 for the strategic development of the information society in Europe.

Internet: EU e-commerce Proposals

The Earl of Northesk: asked Her Majesty's Government:
	Whether the forthcoming European Union green paper Rome II proposes legislation that would entitle dissatisfied Internet customers to seek redress under the laws of their own countries irrespective of where the relevant website may be hosted; and whether they have made any representations about the possibility that this will affect small and medium-sized enterprises disproportionately.

Lord Sainsbury of Turville: The Government understand that the European Commission will shortly issue a Communication initiating a debate on the designation of the law applicable to non-contractual obligations (for example product liability, or defamation).
	The choice of applicable law may involve the identification of the country where an act occurs or where its effects are felt. This raises a number of potentially difficult issues in the case of activities involving websites, which may be accessed from any location. The Government believe that it will be important for the Commission's consultation to take account of the implications of the growing use of the Internet in Europe's increasingly knowledge based society and economy.
	The Government are conscious that some users of the Internet, particularly individuals and small and medium-sized enterprises, may face cost and other disadvantages as a result of legal uncertainty, and have therefore emphasised in discussions with the Commission and in the Council and in other fora that any legislation at the EU or national level must provide a coherent and positive environment for the confident use of the Internet for e-commerce and other purposes.

Employee Information and Consultation: Proposed Directive

Lord Tebbit: asked Her Majesty's Government:
	Further to the Written Answer by Lord Sainsbury of Turville on 5 March (WA 14), whether they will either veto any proposals for the enforcement of the proposed directive to establish a general framework for informing and consulting employees in the European Community or decline to implement it because of its conflict with the doctrine of subsidiarity.

Lord Sainsbury of Turville: I set out in my previous Answer the Government's view of the proposed directive, which is subject to agreement by qualified majority vote. The directive has not been agreed so there is no requirement to implement it in the UK.

Autism

Baroness Uddin: asked Her Majesty's Government:
	Whether they will allocate the required funds to the National Autistic Society to assist in the Autism Awareness Year in 2002.

Lord Hunt of Kings Heath: There is an Autism Awareness week every year, currently held in May, promoted by the National Autistic Society (NAS). It is a matter for the NAS, along with others in the autism community, to decide whether they think holding an Autism Awareness Year in 2002 would be the best way forward.

Autism

Baroness Uddin: asked Her Majesty's Government:
	What plans they have in place to improve data collection on all autistic children in the United Kingdom and to fund advocacy services.

Lord Hunt of Kings Heath: We are examining a number of potential sources of health and social care data on autism. On a pilot basis, autism will be included in the next Children in Need Survey, to be carried out in the autumn. We also announced recently that we have asked the Medical Research Council to obtain a clear and comprehensive picture of the current knowledge about the incidence and prevalence of autism and how strong the evidence is which underpins that knowledge.
	The Department for Education and Employment is conducting a special educational needs (SEN) pilot classifications study involving 200 schools. The SEN data collection pilot forms are due back from participating schools in April. The forms include various categories of special educational need that best describe a pupil's SEN one of which is autistic spectrum disorder.
	Children with autism will benefit from the measures to improve services for all children. One of these is Quality Protects, the Government's five-year, £885 million programme to improve the management and delivery of services for children in need. The participation of children, young people and their families in the planning and delivery of services and in decisions about their day to day lives is one of the priority areas for grant within the programme. That would include the development of advocacy services: children with autism would be among those to benefit from such services.
	Issues affecting people with autism in other parts of the United Kingdom are a matter for devolved administrations.

Parkinsons's Disease: American Clinical Trials

Lord Alton of Liverpool: asked Her Majesty's Government:
	How they propose to take account of the health and safety implications of the use of foetal cells to treat American Parkinson's disease patients, given that these therapies have led to outcomes worse than the disease.

Lord Hunt of Kings Heath: A clinical trial involving the use of foetal cells in the treatment of American Parkinson's disease patients has shown adverse results in a small number of cases. This technique is not currently used in the treatment of Parkinson's disease in the United Kingdom.

Parkinsons's Disease: American Clinical Trials

Lord Alton of Liverpool: asked Her Majesty's Government:
	Whether they will arrange for details of the research using foetal cells in Parkinson's disease treatments to be placed before the Select Committee on Stem Cell Research; and whether copies will be placed in the Library of the House.

Lord Hunt of Kings Heath: A clinical trial of the use of foetal cells in the treatment of Parkinson's disease has recently been reported in the New England Journal of Medicine. Copies of this report have been placed in the Library.
	The House of Lords Select Committee was set up to report on issues connected with human cloning and embryonic stem cell research. It will be a matter for the committee to decide what evidence is called for.

NHS Charges: Increase

Lord Harrison: asked Her Majesty's Government:
	What plans they have to increase National Health Service charges and the value of optical vouchers.

Lord Hunt of Kings Heath: We have laid before the House regulations to increase National Health Service charges in England from 1 April 2001. There will be a cash increase in the charge of 10p (1.67 per cent) from £6 to £6.10 for each quantity of a drug or applicance dispensed.
	The cost of prescription prepayment certificates will rise to £31.90 for a four-month certificate and £87.60 for an annual certificate. These offer savings for those needing more than five items in four months or 14 in one year.
	Prescription charges are expected to raise some £414 million for the NHS in 2001-02.
	Charges for elastic stockings and tights, wigs and most fabric supports supplied through the hospital service will be increased similarly.
	The maximum patient charge for a single course of dental treatment begun on or after 1 April 2001 will increase from £354 to £360. Only about one in every 1,000 courses of treatment will attract the new maximum charge.
	We have restricted the prescription charge increase to the same cash amount as the previous two years and the other increases are in line with this percentage increase.
	Optical voucher values will increase overall by 2.5 per cent to help children, people on low income and certain people with complex sight problems with the cost of spectacles or contact lenses.
	NHS charges and optical voucher values in Scotland, Wales and Northern Ireland are a matter for the devolved administrations.
	Details of the revised charges have been placed in the Library.

Northern Ireland: Air Sea Rescue

Lord Rogan: asked Her Majesty's Government:
	What are the current arrangements for air sea rescue in Northern Ireland; and
	Whether there is a plan to change the arrangements for air sea rescue in Northern Ireland; and if so, what the new arrangements will be.

Lord Macdonald of Tradeston: Air sea rescue in Northern Ireland is currently provided by Wessex helicopters, which are not specialist search and rescue (SAR) units, based at RAF Aldergrove, and by Ministry of Defence (SAR) helicopters based at Royal Naval Air Station Prestwick and Royal Air Force Valley.
	The Wessex aircraft is expected to be withdrawn on 31 March 2002. The cover provided by the Ministry of Defence helicopters will continue. Additionally, the Ministry of Defence has undertaken to maintain helicopter availability in Northern Ireland at one hour's notice for search and medical evacuations to support the mainland SAR helicopters.

Rail Passenger Safety

Lord Harrison: asked Her Majesty's Government:
	Whether mandatory seat belts on passenger trains would help passenger safety and reduce deaths and injuries in railway accidents.

Lord Macdonald of Tradeston: Although the use of properly fitting seat belts could in certain circumstances protect passengers in a train accident, the Health and Safety Executive's (HSE's) Railway Inspectorate (HMRI) is not persuaded that the fitting of seat belts in trains is a reasonably practicable precaution.
	HSE is not aware of any examples (worldwide) where seat belts are provided on railway trains. HMRI continues its independent monitoring and investigation of rail safety to ensure that safety standards are maintained and improved where necessary.

Driving a Bus on Oxford Street while using a Mobile Phone

Lord Jacobs: asked Her Majesty's Government:
	Whether it is an offence for a bus driver to drive along Oxford Street while using a hand-held mobile phone.

Lord Whitty: There is no specific road traffic offence but the Highway Code clearly states that drivers should not use hand-held mobile phones while driving. Drivers must exercise proper control of their vehicle at all times and may be liable to prosecution for failing to do so.
	Individual bus companies may also issue instructions to drivers about the use of mobile phones.

Dog Wardens and Foxes

Lord Tebbit: asked Her Majesty's Government:
	Whether they are aware of any local authority dog wardens releasing into the countryside foxes caught in urban areas.

Lord Whitty: The Government are unaware of any local authority dog wardens releasing foxes caught in urban areas into the countryside.

France: Motorway and Port Blockades

Lord Bradshaw: asked Her Majesty's Government:
	What impact the blockades by hauliers and farmers of motorways and ports in France have had on international traffic passing through the country to which the French Government are obliged under European Union law to grant access.

Lord Whitty: Given its geographical position, any blockades of French ports or motorways have a considerable impact on international lorry traffic. It is not possible, however, to quantify their effects. EU legislation (Council Regulation (EC) 2679/98) requires member states to take all necessary and proportionate measures in order to facilitate the free movement of goods on their territories. Such measures must not, however, affect the exercise of fundamental rights, including the right or freedom to strike.

Equestrian Centres of Excellence

Baroness Masham of Ilton: asked Her Majesty's Government:
	What is their definition of the proposed equestrian centres of excellence; how many they propose to establish; what funds will be made available and for what purposes; whether there have to date been any applications for funding; and, if so, from whom.

Lord McIntosh of Haringey: It is not for the Government to define the proposed equestrian centres of excellence. This is an initiative proposed by the British Equestrian Federation and therefore its reponsibility as the national governing body of the sport. In this regard the British Equestrian Federation has defined the purpose of the centres as regional leadership and co-ordination of competition and training for all members of the federation; setting high standards of competition and training through delivery and example; implementation of the best practices in equine science and sports medicine for riders; development, in conjunction with Riding Clubs and pony clubs, of the BEF regional riding club structure; host venues for the Regional Coaches in Residence, and will set high minimum standards in terms of facilities, particularly all-weather surfaces that are kind to horses.
	The BEF has developed a facilities strategy as part of an overall strategic plan for 2001-04, which was recently presented to UK Sport and Sport England, containing proposals for the establishment of equestrian centres of excellence. The facilities strategy proposes to establish 11 centres in England, two in Scotland and two in Wales.
	Any funds made available to support the centres of excellence will be determined by the appropriate home country sports council and the purpose of the funding would be based upon each indvidual facility application. To date there have been no applications for funding.